Or. Admin. R. 837-012-0940

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-012-0940 - Civil and Criminal Enforcement Actions

(1) In addition to denying, revoking or suspending permit and certification pursuant to administrative hearing and appeals procedures as specified in law, the State Fire Marshal, fire or law enforcement authority may:

(a) Confiscate, remove or have removed at the violator's expense all fireworks offered for sale, used, transported, stored, or possessed in violation of these rules; and

(b) Destroy seized fireworks when it has been determined that destruction is necessary for the preservation of public safety or health, that the sale, transport, storage or possession of the seized fireworks was in violation of the laws and rules of the State of Oregon or the ordinances of local municipalities.

NOTE: Upon the confiscation or prior to the destruction of any seized pyrotechnics, the person responsible for the confiscation or destruction, may contact the person who the fireworks were seized from.

(2) All civil disputes arising as a result of the administration and enforcement of these rules and regulations may be referred to the State Fire Marshal who has the final administrative authority in all cases.

(3) Violation of any provision of ORS 480.111 through 480.160 is a Class B misdemeanor. Violations thereof may be prosecuted in state or municipal courts when violations occur within the municipality served thereby. Justice and district courts have concurrent jurisdiction with circuit courts in all proceedings arising within ORS 480.111 to 480.160:

(a) The sentence for a Class B misdemeanor is set forth by ORS 161.615;

(b) The sentence to pay a fine for a Class B misdemeanor is set forth by ORS 161.635 and 161.655.

(4) If a person has gained money or property through commission of a misdemeanor or violation, then upon conviction thereof, the court, instead of imposing the fine authorized by these rules, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense in accordance with ORS 161.635 and 161.655.

Or. Admin. R. 837-012-0940

FM 2-1992, f. & cert. ef. 3-10-92; OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 3-2003, f. & cert. ef. 2-10-03; OSFM 3-2014, f. & cert. ef. 7-1-14; OSFM 2-2015, f. 12-22-15, cert. ef. 1/1/2016

Stat. Auth.: ORS 480.150

Stats. Implemented: ORS 480.110 - 480.165